Missouri Bankruptcy Laws : Eastern District of Missouri

Missouri Bankruptcy - Is an Attorney Necessary?

Missouri Bankruptcy Attorney — Sat, 22 Nov 2008 22:00:00 GMT

Is an Attorney Necessary? An attorney is not necessary, however, handling a Missouri bankruptcy case successfully without an attorney (known as being “Pro Se”) is difficult and certain rights may not be fully protected. Although the law permits individuals known as petition preparers to assist preparation of Missouri bankruptcy documents, they are prohibited from giving legal advice. If a petition preparer is used, a “Notice to Debtor by Non-Attorney” must be filed. Both attorneys and petition preparers must file a statement disclosing the fee they charged for their services. Only attorneys and not petition preparers may collect and remit the filing fee for commencing a case.

Missouri bankruptcy Crimes The petition and many other Missouri bankruptcy documents must be signed under penalty of perjury. Failure to provide complete information can be grounds for denial of discharge and can be a federal crime.

Court Location 111 South Tenth Street
Eastern Division Fourth Floor
(St. Louis) St. Louis, MO 63102
Southeastern 555 Independence Street
(Cape Girardeau) Cape Girardeau, MO 63701
Northern 8th and Broadway, Room 312
(Hannibal) Hannibal, MO 63401
Missouri bankruptcy court staff is located only in St. Louis.
All documents must be filed in St. Louis.

Hours - (St. Louis) Monday through Friday 8:30 a.m. to 4:30 p.m. A drop box and file stamp clock are located at the west entrance to the building for after-hours filings.
Main Telephone . . . . . . . . . . . . . . . . (314) 244-4500
VCIS (voice case information) . . . . . (314) 244-4999
Toll Free. . . . . . . .(888) 223-6431
CM/ECF Help Desk (Toll Free). . . . . (866) 803-9517
PACER (internet case information) . . . . .
pacer.login.uscourt.gov

Legal Advice The court cannot provide legal advice. Assistance in obtaining an attorney is available from the Bar Association of Metropolitan St. Louis - Lawyers Referral Service at (314) 621-6681.

Missouri bankruptcy Terms

Asset: Property owned by the debtor. A “no asset case” is one in which there is not enough money or equity to make distribution to creditors.

Creditor: A person to whom the debtor owes money.

Certificate of Service: A document required to be filed showing the date another document was mailed or delivered and the names and addresses of the parties to whom it was mailed.

Debtor: The debtor is the person who files Missouri bankruptcy and who owes money to creditors.

Exemptions: The amount of property the debtor is allowed to keep from payment to unsecured creditors. The debtor must elect to claim exemptions under applicable law. Exemptions are not automatic and if not selected, otherwise exempt property may be sold to pay creditors.

Liabilities or Debts: Financial obligations or amounts the debtor owes others.

Lien: A claim or right to property (collateral) held by a creditor to secure payment of a debt. A deed of trust, mortgage, or security interest creates a lien.
Secured Creditor: A creditor who holds a lien on property (collateral) to secure payment of a debt. Secured creditors have a lien or right to foreclose on collateral for payment of a secured debt.

Trustee: An independent person appointed to administer a Missouri bankruptcy case, collect assets, and pay creditors.

Missouri Bankruptcy Court

admin — Sat, 22 Nov 2008 15:17:00 GMT

United States Bankruptcy Court
Eastern District of Missouri
Barry S. Schermer, Chief Judge
Dana C. McWay, Clerk of Court

Thomas F. Eagleton US Courthouse
111 S. 10th Street, 4th Floor
St. Louis, MO 63102

Phone: (314) 244-4500
CM/ECF Help Desk: 1-866-803-9517
VCIS (Voice Case Information System): 1-888-223-6431

Public office hours: 8:30 AM - 4:30 PM, M-F

The Bankruptcy Clerk's Office - Eastern District of Missouri is located in St. Louis, Missouri. There are three divisions, two of which are outlying: the Northern Division, located in Hannibal, Missouri and the Southeastern Division, located in Cape Girardeau, Missouri. St. Louis is the only division permanently staffed. Court is conducted at the outlying divisions when Judges, Law Clerks, Courtroom Deputies and/or ECROs travel from St. Louis to the divisional offices.

The Clerk's office functions as the head of the Court's business and directs the flow of litigation of the Court for decisions and the flow of its adjudication to the parties for dissemination. The nonjudicial aspects of the Court's business are planned and managed from the Clerk's office. The Clerk is appointed by and serves at the pleasure of the Court.

What is Missouri Bankruptcy?

admin — Sat, 22 Nov 2008 13:25:00 GMT

Bankruptcy is a federal court proceeding designed to provide individuals and businesses with a way to address debt problems. It is intended to provide debtors with a “ fresh start” or debt relief, while treating creditors fairly. There are six types of bankruptcy: Chapter 7, 9, 11, 12, 13 and 15. This material discusses Chapter 7 and 13 bankruptcies – the chapters most commonly used by consumers. Chapter 9 is for municipalities. Chapter 11 is typically for business reorganization. Chapter 12 is for family farmer and fisherman reorganization, and Chapter 15 is to recognize a foreign bankruptcy proceeding.